23 Mar 2022
PAINT MARKETING CO. (M) SDN BHD CHINA CONSTRUCTION SDN YANGTZE RIVER (MALAYSIA) SDN BHD
- Citation
- WA-A72NCC-39524-12/2021 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- WA-A72NCC-39524-12/2021 (Mahkamah Majistret)
The application to strike out and to stay proceedings was dismissed because the pleadings disclosed a viable cause of action: invoices for goods ordered and delivered between 17.8.2020 and 16.12.2020 were admitted by the defendant, who failed to prove factual 'inability' under Section 7 of the Covid-19 Act or that performance was prevented by measures under the Prevention and Control of Infectious Diseases Act; strike out is inappropriate absent a plain and obvious unsustainable claim.